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2009 Supreme(AP) 702

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD.
P.S.NARAYANA, J.
Polisetty Satyanarayana and others - Appellant
versus
District Collector, West Godavari, Eluru and others - Respondent
W.P.No.17009 of 2009
Decided on 14-10-2009.

Advocates:
Advocate Appeared
Mr. V. Jithender Rao, Counsel for the Petitioners.
G.P. for Panchayat Raj for Respondent NO.1.
Mr. M. Prabhakar Rao, S.C. for Zilla Parishad for Respondents 2 and 3.
None appeared for Respondent No.4.

Headnote:A.P. Panchayat Raj Act, 1994-Section 187 (6)-Allotment of funds for works-Sanction of funds from Zilla Parishad funds-If any works had been already proceeded with even in such a case it would be subject to further ratification to be made by General body of Zilla Parishad-When statute ordains a particular thing to be done, the same is to be normally taken as mandatory and if any action is done contrary thereto, such action is to be held to be invalid or illegal-Respondents are bound to follow procedure contemplated by Section 187(6)-Petitions allowed. (Para 27)

       

ORDER

This Court ordered notice before admission on 18-8-2009.

2. 2nd respondent filed counter affidavit and a reply affidavit also had been filed.

3. This Court issued rule nisi on 9-10-2009.

4. Heard Mr. Srinivas Reddy representing Sri Jitender Rao, the learned Counsel representing writ petitioners, the learned Assistant Government Pleader for Panchayat Raj representing R.1 and Sri M.Prabhakar Rao, the learned Counsel representing R.2 and R.3. 5. This writ petition is filed for a Writ of Mandamus declaring the decision of the 3'd respondent - Committee in allotting Z.P. funds for various works as mentioned in EX.P.1 - the copy of details of works to which sanction of funds from Z.P. funds for the year 2009-10 and EX.P.2 - the copy of details of works and funds sanctioned from RRM, the action of the 1st and 2nd respondents in implementing the said illegal decision of the 3rd respondent Committee as illegal, arbitrary, unjust and contrary to provisions of A.P. Panchayat Raj Act, 1994 (in short referred to as 'the Act' for the purposes of convenience) and consequently set aside the same and pass such other suitable orders.

6. Mr. Srinivas Reddy representing Sri Jitender Rao, the leaned Counsel representing the writ petitioners had taken this Court through the various works specified in EX.P.1 - the copy of details of works to which sanction of funds from Z.P. funds for the year 2009-10 and Ex. P.2 - the copy of details of works and funds sanctioned from RRM, filed along with the Writ Petition and would maintain that in the light of the clear language of Section 187 (6) of the Act unless the decisions of the Standing Committees shall be subject to ratification by the general body of the Zilla Parishad which shall have the power to approve, modify, rescind or reverse them, the said works cannot be further proceeded with unless such due ratification by the general body of the Zilla Parishad is obtained. The learned Counsel also pointed out to the contents of the reply affidavit as well. The learned Counsel also relied on certain decisions to substantiate his submissions.

7. Per contra, the learned Assistant Government Pleader for Panchayat Raj and Sri M. Prabhakar Rao had taken this Court through the contents of the counter affidavit filed by the 2nd respondent and would maintain that in the light of the facts and circumstances no relief prayed for as such can be granted in the present Writ Petition. However, the learned Assistant Government Pleader for Panchayat Raj and also Sri M. Prabhakar Rao would submit that under Section 187(6) of the Act, the decisions of the Standing Committees shall be subject to ratification by the general body of the Zilla Parishad which shall have the power to approve, modify, rescind or reverse them, and there cannot be any doubt whatsoever relating to this legal position.

8. Heard the Counsel.

9. The relief prayed for in the Writ Petition already had been specified supra. EX.P.1 copy of details of works to which sanction of funds from Z.P. funds for the year 2009-10 and EX.P.2 -copy of details of works and funds sanctioned from RRM, EX.P.3 copy of abstract of all works for the year 2009-10 and Ex.P.4 - copy of news reported in Andhra Bhoomi, West Godavari District Edition with translated version also had been placed before this Court. The contents thereof being self-explanatory, need not be dealt with in elaboration.

10. It is the case of the petitioners that the writ petitioners are the Z.P.T.C. Members elected from Veeravasaram, Nidamarru, Pentapadu and Undrajavaram, Iragavaram Zilla Parishad Territorial Constituencies of W.G. District in the elections held on 2-7-2006. The present Writ Petition is filed to declare the decision of the 3rd respondent Committee in allotting funds of Z.P. for various works without approval of General Body as contemplated under Section 187 (6) of the Act and the action of the 1st and 2nd respondents in implementing the said decisions as illegal, arbitrary, contrary to the pro










































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